New Port Richey Wrongful Death Lawyer
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In Florida, when the negligence of another causes the death of a person, a wrongful death action ensues to recover the damages to that person’s estate and losses to the survivors. If an estate is not already established, one is created so the personal representative may bring the action in court on behalf of the estate and its beneficiaries.
There is a wide range of losses typically sought in a wrongful death claim, and having an experienced wrongful death attorney in New Port Richey is of utmost importance. The New Port Richey wrongful death lawyers at McPherson & Thomas, P.A. have the compassion and experience to aggressively handle wrongful death cases and would love to speak with you today about getting your family the compensation you deserve.
Recovering Damages for a Wrongful Death Case in New Port Richey
A wrongful death claim is handled similarly to a personal injury claim in that the victim is entitled to economic and non-economic damages for their suffering. For wrongful death claims, the suffering and costs endured by the surviving family are also considered, leaving the filing party eligible for damages for:
- Medical bills
- Property damage
- Burial fees
- Loss of consortium
- Loss of a parental figure
- Lost wages or expected income
- Loss of Net Accumulations to the Estate
When you attempt to file a claim to recover damages without the support of a New Port Richey wrongful death lawyer, you are likely looking at a low settlement and possibly even a dismissed case if the paperwork is not correct. The insurance companies are insensitive to your family matters and will try to get away with providing you minimal compensation for your losses. An attorney will demonstrate gross negligence on behalf of the at-fault party and fight vigorously for the financial compensation and justice necessary to move forward.
Note that Florida currently follows a modified comparative negligence law, meaning you are able to receive compensation even if you are found to be partially at fault for your accident. This is measured on a percentage scale. As long as the victim is not deemed to be more than 50% liable, their family can receive damages on their behalf.
How a New Port Richey Wrongful Death Attorney Can Help
McPherson & Thomas, P.A. has decades of experience and a deep understanding of how overwhelming and scary the claims process can be, especially after navigating the loss of a family member. While you focus on recovering and healing with friends and family, our team of qualified attorneys will begin an immediate investigation into the wrongful death and begin to build your case and establish causation. We will help with the following:
Liability is established through the four basic components of negligence, including:
- Duty of care
- Breach of care
We will work to prove that, had the at-fault party not acted negligently and breached their owed standard of care to the victim, the victim would not have suffered their injuries and untimely death.
To fully demonstrate to the court the causation of the injuries and the breach of care, your attorney will use collected and assessed evidence. Depending on the specifics of the accident and injury, this can range from photographs, time-sensitive security camera or traffic camera footage, eyewitness testimony, police reports, medical records, and field expert opinions.
The sooner your New Port Richey wrongful death lawyer is able to begin investigating and collecting appropriate evidence, the better, as many of the included items are time-sensitive.
Extensive Legal Knowledge
An obvious benefit of partnering with a dedicated wrongful death attorney is their extensive knowledge of Florida’s personal injury laws and regulations. They will ensure you adhere to the statute of limitations, which is currently two years. This means you have two years from the date of the passing to file the correct paperwork.
For wrongful death claims, the actual claim itself must be filed by an appropriate party. In the state of Florida, this will be the identified personal representative. This is a title given in the victim’s will. If the victim dies intestate, or without a will, your wrongful death attorney in New Port Richey can help you take the steps necessary to establish a surviving family member, like a spouse, parent, or child, as the personal representative.
Contact a Compassionate New Port Richey Wrongful Death Lawyer
McPherson & Thomas, P.A. have handled many wrongful death claims and understand the trauma that such circumstances bring to the family and friends of one who has passed due to the negligence of another.
If a family member has been killed due to the negligence of another, you should call our New Port Richey personal injury lawyers for a free consultation at (727) 848-8892 so we can discuss the specific facts involved in bringing the claim. You can also schedule an appointment using our contact form.
John and Martha's True Story
Wrongful Death case and Recovery for Spouse
I recently had a tragic case in which a woman was killed in New Port Richey when she was struck by an automobile while crossing the street. The reason she was out of her vehicle is that she and her husband had been involved in a minor accident and had stopped to investigate the damage. I had an Estate set up and obtained the policy limits from both motorists. I work closely with Estate attorneys so that wrongful death claims are pursued in a timely manner.
Our 25 years of experience will ensure that all legal remedies are pursued on your behalf.